Day: May 24, 2013

SUARAM records its strongest condemnation against the unlawful arrests of 18 individuals who stood in solidarity with Adam Adli in a candle light vigil outside Jinjang Remand Centre on the 22 May 2013. The demonstration of the State’s power and might with such vigor in the Adam Adli saga was clear it defied logic and reasons.

We believe the whole process of 5 days remand on Adam Adli is mala fide as the audio and video recordings of his speech as evidence is easily available on Internet. Why there was a need to remand this young activist for further 5 days in the name of investigation?

The quick response to arrest coupled with the sudden and convenient shift in investigations raised substantial conviction that the persecution was orchestrated to instil fear in legitimate dissenters. Staunch supporters gathered in solidarity on a nightly basis for Adam Adli since 18/5/2012. The crowd grew larger by the day and on 22/5/2012, with about 1,000 supporters, the police moved in and arrested 18 individuals, of whom 4 were women.

SUARAM denounces the arbitrary arrests made by the police in the guise of the unconstitutional Peaceful Assembly Act 2012. In this political motivated show of might, several detainees were physically assaulted by the police before being arrested. None of the detainees were allowed to exercise their fundamental right to counsel provided for under S28A of the Criminal Procedure Code and Article 5(3) of the Federal Constitution.

Lawyers representing the detainees were unlawfully restricted and confined at the check-in gate and were not allowed to perform their duties to represent and provide advice to their clients. They were only allowed to meet their clients after a lengthy protest. The actions and/or inaction of the police amount to a wilful and unlawful obstruction of justice and fundamental rights of the detainees.

At around 2 o’clock in the early morning, all the detainees were released after their statements were taken, without the presence of their lawyers. SUARAM strongly condemns such deliberation to unlawfully detain the protesters according to the whims and fancies of top officials and questions the grounds of the arrests and detention of the peaceful supporters.

SUARAM denounces the State’s abusive display of power and might using the police and oppressive legislation. These forms of intimidation and harassment are highly unwarranted and oppressive. The victimization of peaceful dissenters grounded on the insecurities of the State is highly unacceptable and abominable.

SUARAM strongly condemns the police for causing the death of N. Dharmendran, on 21/5/2012. Dharmendran, 31, had on or about 11/5/2012 lodged a police report at Pudu Police Station in relation to a fight where he was reportedly alleged to be involved in. Subsequently, the deceased was arrested, detained and was remanded pending police investigation.

According to his widow, she was waiting for the deceased to be released on bail on 21/5/2012 but instead, she received a phone call from the police informing her of her husband’s death. It was reported that the post mortem would be conducted by Hospital Kuala Lumpur’s pathologist Dr Siew Sheue Feng who had in the past performed examination on alleged sodomy victim Mohd Saiful Bukhari Azlan.

SUARAM is gravely concerned on the injury marks on Dharmendran’s body and demands immediate response to the following:-

1. Why were there staples on the deceased’s ears?;

2. Who inflicted the bruises all over the deceased body?;

3. What were the grounds considered by the Magistrate in allowing the police’s application for remand?; and

4. The status of investigation on Dharmendran at the time of the application for remand and subsequently bail.

SUARAM demands IGP Khalid Abu Bakar and Home Minister Zahid Hamidi to take responsibility over the death and announce to the public on when and what actions will be taken against the officers in charge of Dharmendran. SUARAM expects nothing short of transparency and independence of the police and the Home Ministry in this matter.

On this note, SUARAM strongly urge the following actions be taken immediately:-

1. An independent and transparent investigation on the officers in charge of Dharmendran;

2. The police to disclose the Daily Journal kept by the officer in charge of Dharmendran during the initial detention and remand period;

3. An urgent intervention from the Magistrate who had approved the remand application and further heard the bail application; and

4. The Attorney General to initiate proceedings against the officers in charge of Dharmendran.

For as long as the police are allowed to commit these hideous criminal offences with impunity, the police are not qualified boast and to make public announcements on the level of safety and security on the streets. In fact, the police should start focussing to improve the safety of suspects under police supervision and custody.

The speedy approach taken by the police in arresting peaceful dissenters should be equally, if not more vigorously applied to the officers in this case which had caused the life of Dharmendran. Without an independent mechanism to punish these blood thirsty officers, the public will see more fatalities in police custody, police shooting and spiralling corruption in the police force. SUARAM awaits the response from the IGP and the Home Minister.